Law (2016:768) On Marine Equipment

Original Language Title: Lag (2016:768) om marin utrustning

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/Comes into force: 2016-09-18/

General provisions



Order



section 1 of this Act is to improve maritime safety and prevent pollution of the sea by requirements for the marine equipment will be manufactured and controlled. The law also aims to ensure the free movement of such equipment within the European economic area (EEA).



Expression in law



paragraph 2 of this law means



1. "distributor" means any natural or legal person in the supply chain, other than the manufacturer or the importer, which provides marine equipment on the market,



2. "economic operators" means the manufacturer, the manufacturer's authorised representative, the importer and the Distributor,



3. EU vessels: vessels flying the flag of a State within the European economic area, and falling under the international conventions;



4. "importer" means any natural or legal person established in the European economic area, and provides marine equipment from a third country on the EEA market,



5. international conventions "means the following conventions, together with protocols and codes of mandatory application, adopted under the auspices of the International Maritime Organization (IMO), which entered into force and lays down specific requirements for the approval of the flag State of the equipment to be placed on board ships:



– the 1972 Convention on the international regulations for preventing collisions at sea (COLREG),



-the 1973 International Convention for the prevention of pollution from ships (MARPOL),



– the 1974 Convention for the safety of life at sea (SOLAS),



6. marine equipment: the equipment referred to in section 3, 7. withdrawal: action to prevent marine equipment in the supply chain are provided on the market,



8. "making available on the market" means any supply of marine equipment on the EEA market in the course of a commercial activity, whether in return for payment or free of charge,



9. ' manufacturer ' means the natural or legal person who manufactures or that lets construct or manufacture marine equipment and marketing of this equipment, under his name or trademark;



10. the placing on the market: the first time when marine equipment is made available on the EEA market,



11. withdrawal: measure to withdraw marine equipment that has already been placed on board EU vessels or bought in order to be placed on board such vessels.



Scope of the directive



section 3 of this Act applies to equipment that is placed or intended to be placed on a Community vessel, if under the international conventions required that the State whose flag the vessel agree to the equipment.



Demand for marine equipment



General requirements



section 4 of the marine equipment shall comply with the requirements as stated in the directly relevant legal act given with the support of the European Parliament and of the Council in 2014/90/EU of 23 July 2014 for marine equipment and repealing Council Directive 96/98/EC and regulations given by virtue of the second paragraph.



Government or authority the Government determines may provide for temporary requirements for marine equipment.



Equipment on board EU vessels



5 § marine equipment shall comply with the requirements applicable at the time when the equipment is placed on board a Community ship, subject to direct relevant legal act which has been communicated pursuant to Directive 2014/90/EU.



Equivalent requirements



section 6 of the Government or the authority, as the Government decides on the marine equipment on board ships have not been EU vessels provide for requirements on such equipment and requiring the certificate indicating that the equipment meets the requirements.



Exception



section 7 of the Government or the authority, as the Government determines may provide for exemption from the requirements of this Act or in the regulations announced in adherence to the law and requiring the certificate indicating that the marine equipment have been granted exceptions. The Government may also decide on a case by case basis, decide on such exceptions and issue certificates showing that the equipment has been granted the exception.



Obligations of economic operators



Technical documentation and evaluation of conformity, etc.



§ 8 the manufacturer shall draw up technical documentation relating to the marine equipment and ensure that there is an assessment of whether the equipment complies with the requirements of section 4.



Government or authority the Government determines may provide for technical documentation and on the procedure for conformity assessment.



section 9 of production of marine equipment manufacturer shall ensure that there are procedures to ensure that the equipment will continue to comply with the requirements of section 4. If it is necessary, the manufacturer shall ensure that a new conformity assessment is carried out.



EU-Declaration of conformity



section 10 Of the conformity assessment shows that the marine equipment meets the requirements of section 4, the manufacturer shall draw up an EU Declaration of conformity. The manufacturer is responsible for that equipment complies with the requirements.



Government or authority the Government determines may provide for EU-Declaration of conformity.



Steering wheel badge



section 11 Of the conformity assessment shows that the marine equipment meets the requirements of section 4, the manufacturer shall provide the equipment with a badge (wheel mark), without prejudice to the provisions adopted pursuant to section 12. Only marine equipment which complies with the requirements may be equipped with steering wheel brand.



The provisions of article 30(1) and 30(3) to 5 of European Parliament and Council Regulation (EC) no 765/2008 of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 should be applied to the steering wheel brand. Any reference to CE marking of the item should be considered as a reference to steering wheel brand.



Electronic steering wheel badge



section 12 of the Government or the authority, as the Government determines may provide for electronic tagging of marine equipment.



Traceability labelling of marine equipment and provision of documentation and information



section 13 the Government or authority the Government determines may provide for traceability labelling of marine equipment and for the provision of user manuals and other documentation and information.



Action for non-conformity of production



section 14 of the manufacturer who considers or has reason to believe that the marine equipment manufacturer has equipped with steering wheel mark does not comply with the requirements of section 4 shall immediately take the necessary steps to get the equipment to comply with the requirements or, if appropriate, withdraw or withdraw it from the market.



If the marine equipment presents a risk, the manufacturer shall inform the competent market surveillance authorities.



Assignment and assumption of obligations



Authorized representative



section 15 if the manufacturer does not have a business located in the territory of any EEA State, the manufacturer shall by written power of attorney to appoint an authorised representative. The authorized representative shall be established in the EEA.



Government or authority the Government determines may provide for



1. the requirements of the written power of attorney to comply with, and



2. the information provided by the competent official to perform.



Importers and distributors



16 § where an importer or a distributor under his name or trademark emits marine equipment on the market or puts marine equipment on board a Community ship, seize the importer or distributor the manufacturer's obligations under this Act, the provisions adopted in connection with the law and directly applicable legal acts which have been granted pursuant to Directive 2014/90/EU. The same is true for an importer or distributor who change marine equipment already placed on the market in such a way that compliance with the requirements of section 4 may be affected.



Market surveillance and other enforcement



Market surveillance and enforcement authorities



section 17 of the Government determines the authorities exert market control of marine equipment and otherwise supervise that this Act and the regulations in connection to law enforcement.



Provisions on market surveillance, see articles 15 to 29 of Regulation (EC) no 765/2008.



Government or authority the Government determines may provide for market surveillance and other enforcement.



Help from Police Department



section 18 at the request of a market surveillance authority to the police provide the necessary assistance when authority takes measures in accordance with article 19 of Regulation (EC) no 765/2008, in the original wording, if 1. because of particular circumstances give reason to suspect that the operation cannot be carried out without a police man's special powers under section 10 of the Police Act (1984:387) need be resorted to, or 2. otherwise, there are exceptional circumstances.



Injunctions and prohibitions



section 19 of The Authority performing the market surveillance and other enforcement may notify the injunctions and prohibitions as needed and take the necessary measures 1. to this Act, regulations in conjunction with the law and directly applicable legal acts which have been granted pursuant to Directive 2014/90/EU to follow 2. on marine equipment which complies with the requirements of this Act and the regulations made in relation to the law still poses a risk to maritime safety, health or the environment.



section 20 of the injunction or prohibition under section 19 or a decision on action in accordance with article 19 of Regulation (EC) no 765/2008, in the original wording, to unite with the penalty,


unless for special reasons is unnecessary.



section 21 The Authority performing the market surveillance and other enforcement may determine that its decisions referred to in section 19 and in accordance with article 19 of Regulation (EC) no 765/2008, in the original wording, to take effect immediately.



Fees section 22 of the Government or the authority, as the Government determines may provide for fees for case handling, market surveillance and other enforcement under this law and in accordance with the instructions given on the basis of the law as well as on fees for market surveillance under Regulation (EC) no 765/2008, in the original wording.



Sanction section 23 of an economic operator shall be required to pay a penalty fee, if the economic operator or someone who has acted on behalf of the economic operator concerned where, either intentionally or negligently: has breached the 1. 10 or section 11 or to provisions adopted in relation to these provisions, 2. the provisions adopted on the basis of 6, 7, 12 or section 13, or



3. the decision announced by virtue of section 7, second sentence.



A fee may not be imposed on someone for a violation of a prohibition or a failure to comply with an order that has been associated with a penalty.



In addition, in the case of a fee paragraph 37 and 39 to 43 of the product safety Act (2004:451) apply.



Professional secrecy



section 24 of the one who has taken the post with a dossier relating to market control or other supervision according to this law may not unduly reveal or make use of what they have been told if anyone's business or operating conditions.



In the public activities apply publicity and secrecy (2009:400) instead of the first paragraph.



Appeal section 25 Decision under this Act and in accordance with the provisions adopted pursuant to the law may be appealed to the administrative court.



Leave to appeal is required in the case of appeal to the administrative court.

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